Serving Chicago, Surrounding Suburbs and all Surrounding Counties of DuPage, Will & Lake.
Thousands of pedestrians are killed each year in the U.S. in collisions with motorists. Chicago and all of Illinois have their own share of these tragedies. Of the pedestrians who survive, many of them are badly injured. The experienced attorneys at Sklare Law Group know just how life-altering these injuries can be.
If you or a loved one was injured in such an incident, or if a loved one was killed, then you may be entitled to compensation for your losses, expenses and suffering. To learn more, please call our experienced team in Chicago at 312-759-1616 .
Common Causes Of Pedestrian Accidents
Here are some of the most common reasons these accidents occur:
- Distracted driving. Distraction includes texting and anything else that takes a driver’s eyes, hands and mind off of the task of driving. Even a few moments of glancing at a phone can be enough time to miss the pedestrian on the side of the road or crossing the street.
- Drunk driving. Inebriation reduces a motorist‘s ability to make good judgements, to react and respond to things in the roadway, and to stay alert. Under these conditions, a drunk driver may not see a pedestrian.
- Reckless driving. Speeding, cutting people off, taking chances – these things may mean a crash with a pedestrian. Reckless driving leaves the motorist less room for error when unforeseen circumstances arise, like a pedestrian crossing the street.
- Poor driving conditions. Low light, limited visibility, snow and other bad weather can make it more difficult to see pedestrians. Drivers should exercise extra care in these situations. Sometimes driving conditions require reduced speeds. Failure to do so could result in a collision with a pedestrian.
- Lack of pedestrian infrastructure. There are many roadways in America that do not have enough infrastructure, or maintained infrastructure, for pedestrians to travel safely. Damaged sidewalks or a lack of sidewalks are two examples, as is a lack of crosswalks or crossing signals.
Even if the cause of the crash that injured you is not listed above, you may still have a case. Injury claims arise when the crash can be tied back to someone else’s negligence. Rely on us to determine who is at fault.
What Are The 4 Legal Elements Of A Medical Malpractice Case?
2015 is the most recent year for statistics collected by the National Highway Traffic Safety Administration1. Here is what they found:
- 5,376 pedestrians were killed in the U.S. that year
- 70,000 were injured
- Pedestrians were killed at an average rate of 1 person every 1.6 hours
- Pedestrians were injured at an average rate of 1 person every 7 and a half minutes
- 72 percent of pedestrian deaths occurred at non-intersection locations
- 74 percent of pedestrian deaths occurred during the dark, non-daytime hours
In 2015 in Illinois, 46 pedestrians were struck and killed by motor vehicles2. That was a 31 percent increase over the year previous.
What Should I have Done after Being Hit by a Car?
Many people wonder if they did the right thing after experiencing an accident. We don’t think about such things until after the fact. If you were in a pedestrian accident, there were three important things you could have done.
First and foremost, after an accident has occurred, it is imperative to assess your health and well-being. If necessary, we hope that you received emergency medical care. After an accident, it’s also important to get insurance and contact information from the driver as well as any witnesses to the accident. Pictures of the accident scene can also be advantageous for later litigation.
If it has been a few days since your accident, you might:
- Take pictures of any bruises or other injuries you sustained, if applicable.
- Return to the scene of the accident to take pictures that can represent the conditions at the time you were hit (ie, road conditions, time of day).
- See a doctor.
I Didn’t Suffer Significant Injuries. Must I see a Doctor?
Whether or not you sustained notable injuries, you should see a doctor as soon as possible after being hit by a car. Think of it this way, the car was protected by its heftiness, your body was not protected from the vehicle. Sometimes, the damage caused in a pedestrian accident is not visible on the surface. You may have suffered another type of injury, such as a spinal injury or concussion, for example. Seeing a doctor provides you with peace of mind, necessary treatment, and documentation. When seeing the doctor, keep track of your mileage to and from your visits, copays, and other expenses.
Do I have a Case Even though I Wasn’t Using the Crosswalk?
You may have a case even if you were crossing the street illegally at the time you were hit by a car. This is because both pedestrians and drivers have some degree of responsibility to be vigilant on the road. When hearing cases, some states use the legal principle of pure comparative negligence. This means that you may be compensated for partial damages that are calculated based on the driver’s percentage of fault, regardless of your own. Depending on the factors relevant to the case, this may be 50/50 or it may be different. For example, if the driver was impaired or distracted, they may be held more responsible than you, regardless of you not being in a crosswalk at the time of your accident.
What Kind of Compensation is Available to Someone Who Was in a Pedestrian Accident?
No two cases are exactly alike. You may be entitled to a number of different types of damages. Examples include:
- Medical expenses
- Lost wages
- Lost earning potential
- Pain and suffering
- Modifications to your home or automobile
